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McAllen Dog Bite Lawyer | McAllen Dog Mauling Lawsuit | McAllen Dog Attack Attorney

Hidalgo County Dog Bite Accident Attorney

Dangerous Dog Facts:

1. An estimated 4.5 million people are bitten by dogs each year;
2. Approximately 334,000 people are admitted to US emergency rooms annually with dog bite-associated injuries, and another 466,000 are seen in other medical settings;
3. An unknown number of other people who have been bitten do not sustain injuries deemed serious enough to require medical attention;
4. Almost half of all persons bitten are children younger than 12 years old; and
5. People more than 70 years old comprise 10% of those bitten and 20% of those killed.

According to Zoonosis Control Division of the Texas Department of Health, domesticated dogs comprise most the dog bites in any given year. Even more shocking, Texas was the leader in dog bite fatalities in 2007, with seven fatalities stemming from dog bites that year alone. There is a regional Zoonosis office in Harlingen located at Texas Department of State Health Services, Zoonosis Control, 601 West Sesame Drive, Harlingen, Texas 78550, (956) 444-3212  for all of your needs and questions.

Responsible Dog Ownership in McAllen Definitely Can Reduce McAllen Dog Bites

As so many things in life, dog bites can be reduced by what happens in the home. A dog is not always the one to blame in the instance of a dog attack or dog bite injury.  Many owners use their dogs for illegal dog fights and these dogs are victimized every bit as much as the victims of their attacks, and they too are often severely injured or even killed in dog fighting rings as they fight for their lives.  Negligent and abusive dog owners should be held liable for their actions.  A decision to be a responsible dog is a personal decision and one that requires responsibility. There are many places in and around McAllen, Texas to have your dog trained for obedience. Dog owners are also able to take their dog to an area designated for dogs to play.  Dog parks are there so that the owner can take their dog to an area where they can run around and play in an fenced-in and safe place.  Dog parks are a responsible place to take your pet to ensure that when they are running off their leash that they will not run away from you and/or cause harm to a person or another animal.  Some Dog Training Facilities and Dog Park locations in the General McAllen Area include:

Dogs should be trained and any sense of aggressive behavior exhibited by a dog should be immediately attended to by the pet owner in order to avoid a future incident.  What it boils down to is that if you or a loved one have been bitten, attacked, maimed, or killed by a dog or other animal, you should be entitled to some degree of compensation from the animal’s owner or handler. Contact one of the experienced McAllen dog bite lawyers above for a consultation regarding your claim.

Texas’s “One Bite” Rule & Dog Bite Claims Based on Negligence

Texas follows the arcane “one bite rule.” This means that a pet owner is liable when:

• the owner knew that the dog had bitten someone before or had a “dangerous propensity” for biting;
• the bite was caused by the negligence of the person handling the dog;
• the bite was caused by a violation of a leash law, prohibition against dogs trespassing or running at large, or a similar animal control law; or,
• the bite injury was caused intentionally by the owner or person handling the dog.

When it cannot be proved that the dog’s owner or handler knew of the dog’s propensity to bite, negligence can form the basis of a claim. An example of a negligence-based claim could occur when the owner of a dog whose breed is notorious for its violent propensities — such as a pit bull, Rottweiler, or German Shepherd — allows their dog to run loose in a children’s park or other public area without supervision. The dog’s owner will be held liable based on negligence if the dog bites a child in the park.

However, a person does not have to be the dog’s owner to be held liable for a bite victim’s injuries. A child bitten at a day care facility for dogs could, through the child’s parents, make a claim against the pet care center, even though the dog was owned by a third party who was absent at the time of the bite. If you or a loved one has been the victim of a dog bite, you should contact a McAllen dog bite attorney to pursue your personal injury claims. Even if the dog has no prior history of aggression and has never bitten anyone before, Texas’s “one bite rule” may allow a McAllen dog bite injury lawyer to fight your claim successfully, and you deserve compensation for your injuries. 

McAllen Negligence Per Se Dog Bite Lawyer 

When a statute or ordinance is violated and the violation leads to an injury, this is called negligence per se.

Negligence per se is frequently found in cases of dog bites, dog maulings, and dog attacks, often resulting from a violation of:

1. leash laws;
2. dog trespass laws; or,
3. no “free-run” laws.

Usually, these types of dog control laws and ordinances are only found in large Texas cities; however, McAllen has an ordinance requiring that dogs be "restrained" at all times. Furthermore, McAllen requires that all dogs over four months of age be licensed with the city officials. If you or a loved one has been bitten or mauled by a dog running loose in violation of the law of McAllen or Hidalgo County, you should contact a local McAllen dog bite attorney immediately.

Lillian’s Law (H.B. 1355)

The so-called “Lillian Stiles Law,” sponsored by Senator Eliot Shapleigh and passed in 2007, increases the jail time for owners who fail to secure their dogs in a reasonable manner, resulting in serious bodily injury or death to another. Under the law, a dog owner will be charged with a third-degree felony if their dog causes serious bodily injury to a victim during an unprovoked attack. A third-degree felony is punishable by 2-10 years of prison time as well as a potential fine of up to $10,000. If the victim dies from an unprovoked dog attack, H.B. 1355 would impose a charge of second-degree felony, punishable by up to 20 years in prison. Click here for more information on the passage of Lillian’s Law,

Texas still allows a dog to be chained up, which is not only bad policy, but also dangerous to children and others who are routinely attacked by dogs that have been chained. Lillian’s law helps protect McAllen residents from dogs that attack when not reasonably secured and allows McAllen dog bite lawyers to sue the dog owners despite lack of previous history of aggression or any provocation from the injury victim. Call a McAllen dog bite lawyer today.

Some of Texas' Laws on Dog Bites

Some of the laws are found in the Texas Health & Safety Code, Title 10, Chapter 822 Regulation of Animals:

• Subchapter A General Provisions; Dogs That Attack Persons or Are a Danger to Persons;
  • 822.001. Definitions;
  • 822.0011. Application to Certain Property;
  • 822.002. Seizure of a Dog Causing Death of or Serious Bodily Injury to a Person;
  • 822.003. Hearing;
  • 822.004. Destruction of Dog;
  • 822.005. Attack by Dog;
  • 822.006. Defenses; and
  • 822.007. Local Regulation of Dogs and
• Subchapter D Dangerous Dogs;
   
  • 822.041. Definitions;
  • 822.042. Requirements for Owner of Dangerous Dog;
  • 822.0421. Determination That Dog is Dangerous;
  • 822.0422. Reporting of Incident in Certain Counties and Municipalities;
  • 822.0423. Hearing;
  • 822.043. Registration;
  • 822.044. Attack by Dangerous Dog;
  • 822.045. Violations;
  • 822.046. Defense; and
  • 822.047. Local Regulation of Dangerous Dogs

City of McAllen Dangerous dog Laws

DIVISION 1. - GENERALLY

Sec. 14-36. - Tethering and confinement.

Sec. 14-37. - Dogs running at large (leash law).

Sec. 14-38. - Confinement during rabies emergency.

Sec. 14-39. - Barking dogs.

Sec. 14-40. - Maintenance of premises where dogs and cats kept.

Sec. 14-41. - Unvaccinated dogs or cats are a nuisance.

Secs. 14-42—14-50. - Reserved.

Family Bystander Mental Anguish Claims

Texas recognizes the right of bystanders to recover damages for mental anguish caused by witnessing an accident, with the following limitations: the bystander must be a parent or child of the victim and the victim must have been killed or severely injured in the animal attack or mauling. Therefore, if you have witnessed a close family member mauled or bitten by a dog, you may want to pursue legal action on behalf of the injury victim as well as your own claims for witnessing such a horrific event. Contact a McAllen dog bite lawyer today to discuss bystander and mental anguish claims.

Negligence Based on Failure to Stop an Attack

A Texas dog owner owes a duty to attempt to stop his dog from attacking a person after the attack has begun. This is a civil duty, meaning that the McAllen dog bite victim can sue for monetary damages if the dog owner does not attempt to stop the attack.

If you or a loved one have been bitten or mauled by a dangerous dog in McAllen or Hidalgo County, TX, please contact one of the experienced McAllen dog bite injury lawyers listed on this page.  

What Should You Do if You Have Been Bitten by a Dog?

1. Make every attempt to keep the animal in sight, find its owner, and obtain the owner’s contact information, preferably verified by their photo ID.
2. Immediately wash the wound out with soap and warm water.
3. Make sure that you are up to date on your tetanus shots.
4. Seek the help of a physician or visit a local hospital.
5. Report the bite to the McAllen Planning and Development Services Department (contact information below). 
6. Seek the help of a McAllen dog bite attorney, if necessary, and maintain copies of all medical records and other relevant evidence.

Personal Injury Attorneys Serve McAllen and Surrounding Cities

Serving clients throughout Southern Texas, including Alamo, Alton, Citrus City, Combes, Doffing, Donna, Doolitte, Edcouch, Edinburg, Elsa, Granjeno, Harlingen, Hidalgo, La Horna, La Joya, La Villa, Lopezville, Lull, McAllen, Mercedes, Mission, Olivarez, Palmhurst, Palmview, Pharr, Progreso, Raymondville, San Juan, Sullivan City, Weslaco and other communities in Hidalgo County.

If you or a loved one has suffered an injury, please contact one of the experienced Hidalgo County dog bite lawyers listed on this page.